1. Chapter 10: The Judicial Branch

2. The Parties in Conflict Plaintiff: an individual or group of people who bring a complaint against another party Plaintiff: an individual or group of people who bring a complaint against another party Defendant: an individual or group who defends against a complaint Defendant: an individual or group who defends against a complaint Prosecution: a gov’t body that brings a criminal charge against a defendant (also called “The People”) Prosecution: a gov’t body that brings a criminal charge against a defendant (also called “The People”)

3. The Members of the Court Judge: directs the proceedings Jury: determines the facts & reaches a verdict Lawyers Stenographer Bailiff

4. Interpreting the Law Precedent: makes the meaning of a law or the Constitution clearer Precedent: makes the meaning of a law or the Constitution clearer Examples Examples

5. Types of Jurisdiction Original jurisdiction: the authority to hear a case first & determine the facts of a case Original jurisdiction: the authority to hear a case first & determine the facts of a case Appeal: the right to ask a higher court to review the decision & determine if justice was served Appeal: the right to ask a higher court to review the decision & determine if justice was served Appellate jurisdiction: the authority to hear an appeal & determine if the law was applied fairly Appellate jurisdiction: the authority to hear an appeal & determine if the law was applied fairly

6. The Three Levels of the Court System Trial courts Trial courts Appeals courts Appeals courts Court of Final Appeals (Supreme Court) Court of Final Appeals (Supreme Court)

7. Cases Heard by the Federal Courts Involve constitutional questions Involve constitutional questions Challenge federal laws, such as treason & tax evasion Challenge federal laws, such as treason & tax evasion Disagreements between states Disagreements between states Appealed from the state supreme courts Appealed from the state supreme courts

8. 10.2 The Organization of the Federal Courts Judiciary Act of 1789: created the lower and appeals court system Judiciary Act of 1789: created the lower and appeals court system District courts are the lowest federal courts. District courts are the lowest federal courts. There are 94 district courts across the U.S., including Philadelphia. There are 94 district courts across the U.S., including Philadelphia. They have original jurisdiction, call witnesses & the jury decides the facts of the case. They have original jurisdiction, call witnesses & the jury decides the facts of the case.

9. The Courts of Appeals There are 12 U.S. courts of appeals who handle the appeals from the district courts. There are 12 U.S. courts of appeals who handle the appeals from the district courts. The appeals courts are also called circuit courts because the cover a large geographic area. The appeals courts are also called circuit courts because the cover a large geographic area. There is no jury or witnesses and no evidence is examined here because the lawyers argue their clients’ arguments before the judges. There is no jury or witnesses and no evidence is examined here because the lawyers argue their clients’ arguments before the judges. These courts do not decide the verdict but only whether or not the original trial was fair. These courts do not decide the verdict but only whether or not the original trial was fair.

11. The U.S. Supreme Court Final Court of Appeals for all of the states & the federal courts Highest court in the federal court system

12. The Special Federal Courts Federal Claims Court: made up of 16 judges appointed by the President to hear cases in which individuals/groups sue the Federal Gov’t for damages Federal Claims Court: made up of 16 judges appointed by the President to hear cases in which individuals/groups sue the Federal Gov’t for damages Court of Military Appeals: these courts function to punish those in each of the branches of the armed services for wrongdoing (these courts are special and NOT a part of the federal court system) Court of Military Appeals: these courts function to punish those in each of the branches of the armed services for wrongdoing (these courts are special and NOT a part of the federal court system)

13. Special Courts Cont’d... Tax Court: made up of 19 judges appointed by the President who hear all civil cases involving tax laws Tax Court: made up of 19 judges appointed by the President who hear all civil cases involving tax laws

15. Federal Court Judges Appointed by the President and confirmed by the Senate Settle individual cases Define & clarify laws Impartial & fair to both parties

16. 10.3 The Supreme Court Marbury v. Madison (1803) establishes the power of judicial review Marbury v. Madison (1803) establishes the power of judicial review Judicial review allows the Supreme Court to determine whether a law is constitutional Judicial review allows the Supreme Court to determine whether a law is constitutional

17. Meet the Justices of the U.S. Supreme Court John Roberts, Chief Justice (2005) John Paul Stevens Anthony Kennedy David Souter Clarence Thomas Antonin Scalia Stephen Breyer Ruth Bader Ginsburg Samuel Alito

18. The Work of the Supreme Court Choosing cases Choosing cases -Docket Hearing arguments Hearing arguments -Briefs -Time limits Making a decision Making a decision -Majority vote Writing opinions: written statements that explain the reasoning behind the justices’ decision Writing opinions: written statements that explain the reasoning behind the justices’ decision -Majority: winning side (concurring) -Dissenting: losing side

19. Deciding the Case... Applying the law Review precedents (any similar decisions from past cases) Reasoning behind the law Personal views President’s influence

20. A Changing Court... Judicial activism: when judges take an active role in frequently overturning laws Examples

21. A Changing Court... Judicial restraint: when judges avoid overturning laws & leave policy making to the other branches of gov’t Examples

22. The Future of the Supreme Court The Roberts Court Current cases Debates about life tenure